New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-19
TWO WILL CONTESTS ENDED.
TERMS OF THE INVOLVED CUTTING CASE.

THE HEIRS OF THE ESTATE To SECURE CONTROL
OF THE PROPERTY AT ONCE.
The proractcd and involved litigation in which Mrs.
Hayward Cutting and other heirs OF the Francis b. Cut
ting estate Interested with her have been moving against
General William Cutting executor came TO formal
end yesterday in the Supreme Court. This accom-
pshed the entry by consent Of an order OF dscontn
uance of the action begun by Mrs Cutting to restrain
General Cutting from Selling certain rents belonging TO
the Old Cutting estate. The discOntinuancc Is the result
OF labor aud activity the part of Burri.
Zabriskie n Burrill. for General Cutting; Frank
Lin Bartlett and El,hu Root for Mrs. Hayward
Cutting and her children. and John Cadwaader for
Mrs Brockhols Cuttng and her children The settlement
was agreed upon some time but its final stage was
not reached until yesterday, the entry Of the order
The OF tho settlement that the Brock
hoist and the Hayward Cutting branches of the family
accept the transfer TO them Of all the Interests In the es
taes Of Francis Cutting and Gertrude Cutting and in
return General Cutting Is TO make no appeal IRON the
decision Of Referee Cole, rendered III july last Inc
referee decided at that time that all the securities on
hand should be turned to the Hayward and Brock
hoist Cutting interests and that General Cutting
should make good deficiency OF $Gl0.OOO
1t has been found possible to only
1915. 900 OF this But this has been accepted
by the heirs liquidation of the full amount In order to
end litigation. The appeal was withdrawn in oeptem
Der.
Toward paving the SCI 900 deficiency General Cutting
had his undivided interest in the real estate OF fIaucs
heavily mortgaged. making some S3OOoOO although TINS
sum woald be much diminished If the houses we're
thrown the market Then there General cuttings
share IN the estate OF his grandmother Gertrude Cutting
some $4,000 Inc simple process o; arithmetic s@owed
that the sum total OF General Cuttings resources IN the
estate foil some $4,000, at least short oil the SUN
needed
YEARS OF IITIGATION.
The history OF the litigation is a long ono. General
Cutting had administered the estate Of his father from
1870 until 1885 ami had acted wholly in hs own discrc
ton. In the of that yoar Mrs Brockholsl and
Mrs. Hayward eating and their children so they al
legged, found themselves In Europe without means TO
supply their daily wants. Their source o. Income had
heen from property General cuttings hands and he
hat allowed draft, drawn on hin by them To be iehrhed
dshonorcd Getting no answer tn letters OF trcSIuHr
Mrs. Hayward Cutting sailed for this country cary IN
August am placed her case In the hands OF fianhln
Bartlett, who began proceedings IN the 9uiT"1tlcs
Court To William Cutting as executor
OF the wills of T. Is. and Heywad cutting
In December an agreement was arrived a. by which
General Cutting deed to the other interests one
third each OF The undivided real estate and hand over All
the personal property of The estate remaping eN-
Farmers Loan and Trust Company TINS settlement was
followed by hostilities General Cutting alleged
yesterday thereupon begun by Mr.. Bartlett Inc
IIockhost emitting interest oiaci forces with MI Hes
v-ld Cutting ou argument lOi an IiJ"Hoon ~ tH1 SUI
and after that the two interests 60 operated Sut
for an accounting was then begun III Nu t
Hamilton Cole was appointed referee lie sustained 'le
OF misappopraon 81 funds and neglect oil duly
n. General cuttings management o. tie estate
Through the present settlement the heirs VIII AZ once
secure control ~ the property aud tho referees decision
Will stand IN force. the appeal mas been "td a" H.
4 f.rthcr condition OF tho settlement f. the he,
/. Il Cuttings estate. he having been
succcelel by Cnarie' t. strong He has 1'I Dcen ~
ting lives his share IA tie csiatc OF hls
Waiter J. cat Ing deceased tis IS hold by MIN IN tsl
and protected against creditors. Inc Income nom u -
,oma $1,000. The he r, Will not prosecute reueraI
Cutting brokers foT using trust iund'.